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18-0101_BONANZA STEAM CLEANING_Agenda Report_F14TO: FROM: SUBMITTED BY: PREPARED BY: DATE : SUBJECT : City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council ~njamin Siegel, City Manager Steve May, Public Works and Utilities Director _LMA.- Tom Toman, Assistant Public Works Director Rod Hamilton, Public Works Manager December 5, 2017 12/5/2017 F14 Consideration of a Maintenance Services Agreement for Graffiti Removal Maintenance Services (Bonanza Steam Cleaning Inc.) RECOMMENDATION: Approve and authorize the City Manager to execute a Maintenance Services Agreement with Bonanza Steam Cleaning Inc. to provide graffiti removal services for a three year period commencing on January 1, 2018, and ending December 31, 2020 , for an annual amount not-to-exceed the amount of available funding in the annual Operations and Capital Improvement budgets. EXECUTIVE SUMMARY: The City's current agreement for graffiti removal services with Insley Construction Inc. expires on December 31, 2017. This service is needed in order to provide for proper and efficient graffiti removal on City owned facilities and within City streets, parks, parking lots, and trails. Based on the evaluations of two proposals received in response to a recent Request for Proposals (RFP), staff recommends that the City Council approve a Maintenance Services Agreement (MSA) with Bonanza Steam Cleaning Inc. which had the highest ranked proposal and the lowest sample hourly rate fee schedule. The proposed Agreement, included as Attachment 1 , is for a term of three years commencing on January 1, 2018, and ending on December 31, 2020. The total annual amount of the agreement is not to exceed the available funding in the annual Operations and Capital Improvement budgets, which for Fiscal Year 2016-17 was $63,000. City Council Agenda Report December 5, 2017 Page 2 of 3 DISCUSSION/ANALYSIS : Staff issued an RFP for graffiti removal services on October 11, 2017, and two contractors responded with proposals. Insley Construction Inc. chose to not submit a proposal. The proposals were evaluated through a qualifications based process, which is consistent with the City's procurement policy. The evaluation criteria included operational experience, overall qualifications, ability of respondent to deploy services, past experience with the City, and pricing. Based on a staff review and evaluation of the two proposals submitted, staff ranked Bonanza Steam Cleaning Inc. as the best overall responsive bidder. Bonanza Steam Cleaning Inc. has provided graffiti abatement services to several adjacent cities (e.g. Mission Viejo, San Clemente, Dana Point). Based on references from those cities, Bonanza Steam Cleaning, Inc. has demonstrated an excellent ability to execute projects in a timely manner and to provide consistent technical support to staff. Additionally, a comparison of costs presented in the proposals indicated the lowest sample standard service hourly pricing was proposed by Bonanza Steam Cleaning Inc. as shown in the table below . FISCAL IMPACT : The proposed Agreement is for a term of three years commencing on January 1, 2018, and ending on December 31, 2020, with an annual total fee amount that shall not exceed the amount of available funding in the annual Operations and Capital Improvement budgets. For Fiscal Year 2016-2017, expenditures for graffiti abatement services were approximately $63,000. ENVIRONMENTAL IMPACT: In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from CEQA per Section 15061(b)(3), the general rule that the CEQA applies only to activities that would have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Graffiti abatement services would not be an activity with potential to cause significant effect on the environment, and is therefore exempt from CEQA. City Council Agenda Report December 5, 2017 Page 3 of 3 CITY COUNCIL REVIEW: • On December 2, 2011, the City Council approved a Personal Services Agreement with Insley Construction Inc. to provide graffiti removal services citywide for a three year term, with three one-year optional extensions, subject to available funding. COMM ISS ION/COMMI TT EE/BOARD REV IEW AND RECOMMENDATIONS : This item did not require commission, committee, or board review. NOTIFICATIONS : Bonanza Steam Cleaning Inc. Superior Property Services Inc . ATTACHMENT : Attachment 1: Proposed Maintenance Services Agreement CITY OF SAN JUAN CAPISTRANO MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 1st day of January, 2018 by and between the City of San Juan Capistrano, a municipal corporation organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano , California 92675 ("City") and Bonanza Steam Cleaning, a California Corporation with its principal place of business at 31191 Via Crista!, San Juan Capistrano, CA. 92675 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Graffiti Removal Maintenance Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any , shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the Graffiti Removal Maintenance Services project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 Genera l Scope of Se rv ices . Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Graffiti Removal Maintenance Services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local , state and federal laws , rules and regulations. 61147.02100\12888815 ,1 MSA page 1 Attachment 1, Page 1 of 26 3.1.2 Term. The term of this Agreement shall be from January 1, 2018 to December 31, 2020, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Cont ro l a nd Pa yment of Subo rdin ates ; Ind e pendent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee . Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation msurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B " attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor 's conformance with the Schedule, City shall respond to Contractor 's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applica ble RequireJnen ts . All work prepared by Contractor shall be subject to the approval of City. 3.2.4 C ity s R e presentative . The City hereby designates Director of Public Works and Utilities, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Co ntractor s Re presentativ e . Contractor hereby designates Mark Hoogstraten, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 61147.02100\12888815 .1 MSApage2 Attachment 1 , Page 2 of 26 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of TWO HUNDRED FIFTY DOLLARS ($250.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law. 3.2.1 0 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable 61147.02100\12888815 .1 MSA page 3 Attachment 1, Page 3 of 26 for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 E mployment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections. 3.2.1 0.2 Employment Eligibility; Subcontractors, Sub- subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub- subcontractors or consultants to meet any of the requirements provided for in Sections 3 .2.1 0.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.1 0.2); 61147.02100\12888815.1 MSA page 4 Attachment 1, Page 4 of 26 or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.2.1 0.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements' application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the state. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor's non-compliance with the laws, regulations and policies described in this Section, 61147.02100\12888815 .1 MSA page 5 Attachment 1, Page 5 of 26 unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph. 3 .2.11 Insurance. 3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section. 3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000.00 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000.00 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of 61147.02100\12888815 .1 MSA page 6 Attachment 1, Page 6 of 26 California. Employer's Liability limits of $I,OOO,OOO.OO per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) N otices ~ Cance ll ation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (I 0) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Addi t iona l Insured. The City of San Juan Capistrano, its officials, officers , employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 3.2.11.3 Insurance Endorseme nts. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Li ability . The general liability policy shall include or be endorsed (amended) to state that: (I) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Juan Capistrano, its officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 0 I, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents , and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City 's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.Il.3(A). (B) Au to mo bil e Li abili ty . The automobile liability policy shall include or be endorsed (amended) to state that: (I) the City, its officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, 61147.02 100\128888\5.1 MSApage 7 Attachment 1 , Page 7 of 26 operation, maintenance , use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11 .3(B). (C) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (1 0 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.4 Se paration of Jnsured s ; No Sp ec ia l Lim itati o ns ; Waiver of Subrogat ion. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 3.2.11.5 Deductible s and Self-In s ur ance Ret en t ions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.6 Subcontracto r In s uranc e Requi rem e nt s . Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under 61147.02100\12888815 .1 MSA page 8 Attachment 1 , Page 8 of 26 the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.7 Acceptabi li ty of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of C laim s. Contractor shall report to the City, m addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 [RESERVED] 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 61147.02100\12888815 .1 MSA page 9 Attachment 1, Page 9 of 26 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed UNIT PRICES NOTED IN EXHIBIT "C" AND NOT TO EXCEED THE AGGREGRATE AVAILABLE FUNDING AMOUNT IN THE OPERATING AND CAPITAL IMPROVEMENT BUDGET and without written approval of City's Director of Public Works and Utilities. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date ofthe statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et ~., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.3.6 Registration. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and 61147.02100\12888815 I MSApage 10 Attachment 1 , Page 1 0 of 26 require the same of any subcontractor. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. See Exhibit D "Certificate of Compliance". 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination , Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect ofTermination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days ofthe request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein , City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Del iv ery of Not ices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: City: Bonanza Steam Cleaning Inc. 31191 Via Cristal San Juan Capistrano, CA. 92675 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works and Utilities Such notice shall be deemed made when personally delivered or when mailed, forty-eight ( 48) hours after deposit in the U.S. Mail , first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 61147.02100\12888815 .1 MSA page 11 Attachment 1, Page 11 of 26 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims,. demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with Counsel of City's choosing and at Contractor's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against City or its officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorneys' fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials officers, employees, agents, or volunteers. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 61147.02100\12888815.1 MSA page 12 Attachment 1, Page 12 of 26 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City 's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further 61147.02100\12888815 .1 MSA page 13 Attachment 1, Page 13 of 26 agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Attorneys' Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover from the losing party attorney's fees and costs in an amount determined to be reasonable by a court of competent jurisdiction. 3.5.16 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.17 Countemarts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.19 [RESERVED] [SIGNATURES ON NEXT PAGE] 61147.02100\12888815.1 MSA page 14 Attachment 1, Page 14 of 26 SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND BONANZA STEAM CLEANING, INC. IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 1st day of January, 2018. CITY OF SAN JUAN CAPISTRANO Approved By: Benjamin Siegel City Manager Date Attested By: Maria Morris, City Clerk 61147.02100\30314108.1 BONANZA STEAM CLEANING, INC. Signature /?'? e:7 / A-£6(7?5 z',-,.. 4 ;'} Name '-"' Title //-2 7-/7 . Date MSApage IS ATTACHMENT 1 ' Page 15 of 26 EXHIBIT "A" Scope of Services General: a) Work will normally be performed between the hours of 7:00AM and 5:30PM, Monday through Friday. During emergencies or as otherwise required by the Director of Public Works and Utilities (herein after Director), work may also be required during other than normal hours. The Contractor must receive the approval of the Director or authorized representative, prior to commencing any work, in all cases. b) Contractor shall maintain an adequate crew of employees to perform all required services. c) Unit prices quoted shall include all required material, labor and safety equipment. Traffic control may be required on some sites, and shall be included in quoted prices. d) Unit prices for after-hours or emergency work shall be for actual time spent on the job site. No travel time will be paid. e) Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility ofthe Contractor. f) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. g) Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date, for each project or job, if requested by the City. h) Contractor agrees to require his/her employees to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and deportment towards the public. Should, for any reason, an employee be unsatisfactory in the opinion of the Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the project or job and replaced by an employee satisfactory to the Director or authorized representative. i) Contractor shall require each employee to adhere to basic standards of working attire. Each employee shall wear a uniform shirt with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by state safety regulations. j) Contractor and all employees shall possess a valid/current California Driver License, including all insurances, as required by the City. 61147.02100\12888815 .1 MSA page 16 Attachment 1, Page 16 of 26 k) Contractor shall use and furnish all vehicles and equipment necessary for the satisfactory perfonnance of the work set forth in this RFP/agreement. All vehicles and equipment shall display the name and/or logo of Contractor's company. The name and logo shall be large enough to be easily legible from a distance of fifty (50) feet, during the course of their work. 1) Contractor shall keep all vehicles and equipment in a neat and clean appearance and maintained in excellent mechanical condition. m) Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the employees perfonning the work under contract. As may be necessary or required by City, the field supervisor or their representative shall check with the Director or authorized representative as to (1) schedule of work; (2) complaints, and (3) adequacy of perfonnance. Contractor shall submit such reports as the City may require, ensuring compliance with scheduled work. n) The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition or job related complaint which threatens to cause damage to any City property or compromise the public's safety. o) Contractor is required to provide the City with a 24-hour emergency number for contact outside nonnal working hours. The response to an emergency call-out by the Contractor shall not be more than two (2) hours and shall be considered part of the nonnal contract except when delayed by problems caused by vehicle accidents or Acts of God. p) Contractor shall provide the City with one (1) copy of an "Emergency Medical Facility Designation and Procedure Sheet" before a contract is awarded. On this sheet, the successful proposer must designate a twenty-four (24) hour emergency medical facility to provide emergency medical treatment/care in the event of injury to any of the Contractor's employees. It will be the responsibility of the Contractor's supervisor/lead worker to transport or make arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility. 61147.02100112888815 I MSA page 17 Attachment 1, Page 17 of 26 ID. ss Special: 1) Work to be done a) Contractor shall furnish all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to provide labor, material and equipment to perform Graffiti Abatement Services from both public and specific private properties within the City of San Juan Capistrano. b) See Exhibit "C" for hourly rates and unit prices for Graffiti Abatement Services. The City reserves the right to add or delete service locations during the term of this RFP/contract. Unless first approved otherwise by the Director, all other work must begin no later than the following requirements, and as first approved by the Director or authorized representative. Failure to comply with response times shall be considered as non-compliance. Repeated failure to comply may result in contract termination. All maintenance and repair services shall be completed within a reasonable and expedient manner, based on the severity ofthe request. Service Category Description Performance Period Mandatory Response Time Standard Service Regular Business Hours Only 24 Hours (excluding (M-F, 7:00a.m. to 5:30p.m.) weekends and Holidays) SAHS Standard After Hour Service After Regular Business Hours , 24 Hours (Including ES EAHS weekends and Holidays weekends and Holidays) Emergency Service Regular Business Hours Only 2-3 Hours (M-F, 7:00a.m. to 5:30p.m.) Emergency After Hour Service After Regular Business Hours, 2 Hours weekends and Holidays c) Work shall proceed in an orderly manner. Wherever possible , repair work shall be completely finished prior to Contractor proceeding to the next location. Any exceptions shall be approved by the Director or authorized representative. d) The Director or authorized representative reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the Director. The Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of the Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. e) Typical abatement work shall include, but not limited to, tasks listed herein and in those areas designated by the Public Works Director or authorized representative, and to leave 61147.02100\12888815.1 MSA page 18 Attachment 1, Page 18 of 26 the grounds/area in a neat condition. The scope of the graffiti removal and maintenance work may vary according to need. f) The Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. Such reports shall be signed by the contractor and the Public Works Director or authorized representative in charge of overseeing the work. All work for which a progress payment is made shall be recorded and certified by the Contractor. Prior to payment by City, the Public Works Director or authorized representative shall certify the work has been inspected and was completed to the satisfaction of the City . g) All instances of graffiti, whether located on public or private property, will be digitally photographed, with an address, time, and date of photo provided as a caption to said photo. All such photos will then be electronically mailed to the Public Works Director or authorized representative within eight (8) hours of the removal. Copies of said photos will be attached to all billing invoices as well. h) Private Property-If area to be abated is on private property , Contractor is to contact the Public Works Director or authorized representative to ascertain that permission to enter private property has been authorized or to determine if the private property is highly visible and necessitates extraordinary rapid removal. If authorized, the Contractor shall respond and remove the graffiti from the private property. Under no circumstances is the Contractor to enter private property unless formal permission has been obtained, unless directed to do so in the~e "emergency" situations by Public Works Director or authorized representative. i) Public Property -If graffiti is located on public property , the Contractor shall notify the Public Works Director or authorized representative of the location of the graffiti and abate the graffiti on said property. Any damage to structures shall be noted immediately. j) Specific Abatement requirements - i) The Contractor shall remove graffiti, feathering out the area to hide impressions of the specific removal which will include but not be limited to brick, cinder block, concrete sidewalks, concrete walls and partitions , painted interior and exterior surfaces, and decorative paving. In addition, if graffiti must be removed from acrylic panels or tile, specialized removing agents shall be used to eliminate "clouding or distortion". ii) The Contractor shall clean poles of various types of all graffiti, such as but not limited to, signs, wood, metal, plastic , paper, decals, stickers, gum, paint, markers, crayons, ropes, chains, string, wires, and tapes on an as-needed basis.+ 61147 02100\12888815 .1 MSA page 19 Attachment 1, Page 19 of 26 iii) Graffiti cover up paint shall be done with water base paints at locations where graffiti cannot be removed with pressure washing. iv) Steam clean and seal coat all decorative pavements within the City on an as-needed basis as determined by the Public Works Director or authorized representative. v) All painting shall require general surface preparation, so as to provide a clean, dry surface free of debris, oil or rust. A primer shall be used as required to provide an undercoat for quality finish coat. All finish paint type and color should match as well as possible. In cases where multiple paint colors exist, an attempt will be made to match most predominant colors. vi) Mobile Pressure Washers -When graffiti removal mandates the use of a mobile pressure washer, the following criteria must be met. l. Capable of at least 3,000 psi and have with variable pressure capabilities. 2. Capable of heating water to 200 degrees. 3. All liquid pressure washing solutions must be biodegradable and non- toxic. 4. Other pressure washing/removal media shall consist of material approved by the Public Works Director or authorized representative to include, but not limited to, silica sand, baking soda or other media to be determined. 5. Units shall be self-contained, carry water and not require a water hook up. 6. All liquid or removal media must be captured prior to entering any storm drain system, creek/river or other body of water. 2) Work requirements a) Contractor shall have a minimum of 5 years like experience via contract work with an Orange County Municipality or similar agency. Like experience is defined as, but not limited to: i) Working directly with private citizens and a public entity ii) Working in a public right-of-way or high volume pedestrian area iii) Working after normal working hours or in an emergency situation iv) Coordinating with other local utilities in conjunction with potential excavation or permits v) Setting up and properly using traffic control within a public right-of-way 61147.02100\12888815 .1 MSApage20 Attachment 1 , Page 20 of 26 b) Contractor shall, for the entire term of this RFP/contract, retain a current/valid State of California driver license and State of California Contractor's A or B license, or a C- 61/D-38 and a C-33 license. c) While working within the public right-of-way, Contractor will be required to comply with applicable City standards and Work Area Traffic Control Handbook (W ATCHBook). d) Contractor shall perform all services required within these specifications and all services shall be performed in the highest professional manner in accordance with applicable current industry standards, regulations codes and statutes. e) Contractor is required to supply storage for all equipment and materials that may be used to perform all requirements ofthis RFP/agreement. Equipment and materials shall not be stored in the public right-of-way or on any other City property without written authorization from the Director or authorized representative. f) The Contractor shall be responsible for all necessary precautions to prevent public trespass into the work area, during and following abatement and until such time as the work area is complete and ready for public or private use. g) Rubbish and construction debris shall be disposed of at an approved disposal site. After removal of debris , the work area(s) shall be left in a neat and presentable condition and to the satisfaction of the Director or authorized representative. h) As applicable, Contractor shall verify the location of all utilities prior to construction, repair or maintenance and shall be held liable for all damages incurred due to Contractor's work related operations. c) Contractor must remain within the remo val/abatement area to the best of their ability. The Contractor must protect all existing private property. Contractor shall further protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the abatement area shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their sole expense. d) Contractor shall, where applicable, comply with all City regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City 's Best Management Practices. Contractor shall not discharge anything to the storm drain, creek 61147.02100\12888815.1 MSA page 21 Attachment 1, Page 21 of 26 or adjacent water ways. Contractor will contain and capture any materials that may potentially reach a storm drain, creek or adjacent water way. Contractor shall implement any and all Best Management Practices (BMP's) as may be necessary. f) Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one-call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hours' notice. Such requests should be requested through USA@ 811 or 800-227-2600. 3) Acceptance of Work The Director or authorized representative will make inspections and determine that the work has been completed in all respects and in accordance with this RFP/contract. 4) Billing, Records and Reports 61147.02100\12888815.1 a) Contractor shall maintain a record of all work performed, including but not limited to location and types and amounts maintained/installed/removed. This record shall list the date(s) of the service and/or work performed. A copy of such record shall be provided to the Director upon completion of each work order. The contractor shall return appropriate and completed work orders showing the date and inventory of work performed and it shall be attached to each invoice. Contractor shall provide a billing form and progress payment form approved by the Director or authorized representative. b) Upon submittal of an invoice for work completed by the Contractor, the Director/City shall pay net 45 days, unless otherwise agreed upon by the Director/City and the Contractor. MSA page 22 Attachment 1, Page 22 of 26 EXHIBIT "B" Schedule of Services Maintenance and service date(s): As scheduled per this agreement/Exhibits, and as needed. Removal or repair date(s): NOTE: 61147.02100\12888815.1 See above. Dates may be flexible, pending weather related conditions and Contractor/City operational needs. MSApage23 Attachment 1, Page 23 of 26 EXIDBIT"C" Compensation From: £? o V\. ~"-""-1 ... ri'-.. ~ -\-,q...<>.. ~ C.\ ~"'; ~ J J ~c.. - (CONTRACTOR) To: Director ofPublic Works, City of San Juan Capistrano The undersigned, as proposer, declares he/she has carefully examined the location of the proposed work and has read all requirements as described in the RFP, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the RFP and related MSA for the following costs noted herein. Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, materials and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the RFP for the work. Contractor will not be required to pay for pennits on City projects. Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set forth in this Exhibit C and that they are correct to the best of his/her knowledge and that they constitute his/her complete proposal for the work required as noted in the RFP. *NOTE: All costs shall be based on the full term noted in § 3.1.2 of the agreement* Schedule A -Hourly SS, SAH S, ES, EAHS costs I D. Service Performance Period Mandatory 2 person 1 person Equipment- Category Response Time crew hourly laborer pressure Description rate hourly rate washer including Including hourly rate ma};('als tm . % m at~3a 1s I& / % ss Standard During regular 24 Hours • • $ Service business hours only (excluding IYv ·ov 1v·oo (M-F, 7:30 a.m. to weekends and 2-2 .bo 5:30p.m.) Holidays) SAHS Standard After regular 24 Hours $ $ $ After Hour business hours (Including ll/ o· oo ::10 .00 'L-g .oo Service During Weekends -weekends and • $ to·"o $ daytime Holidays) l~o· .. o 1..-~ ,oo Holidays -daytime ' I'-{'>'·~ $ ---] 0 ' 00 $ "? _I?' • c "J ES Emergency During regular 2-3 Hours $ $ $ Service business hours only \ L\. o·';P l oe> cF" (M-F, 7:30 a.m. to o · 2-8 . 5:30p.m.) 61147.02100\12888815.1 MSApage24 Attachment 1, Page 24 of 26 EAHS Emergency After regular 2 Hours $ $ $ z_.g I I)Q After Hour business hours lyo,co 1o ·"'' Service During weekends, $ J'-1D ·~" $ 1 o roo $ 2-'?-"0 24-7 During holidays 24-7 $ 1 1.{ 0 ,<>O $ 'l.o ,::>o $ Note: If an individual, so state. If a flnn or co-partnership, state the f1nn name and give the names of all individual co-partners composing the fum: President, Secretary, Treasurer, and Manager thereof. Date: /t1-;Y-!'1. 61147 .02100\12888815 .1 ./?'l .,,... K hGo .... r./c ... A..-7 oL~vr..L,--. ..? ' Contractor name & title (print) Contractor name (signature) f//9/ Yl~.._ ~ri1 h /· Contractor/business address Contractor/business phone number Contractor 24/7 contact phone number Contractor email MSApage25 '7/'l< ,o·"' Attachment 1 , Page 25 of 26 EXIDBIT"D" Certificate of Compliance State of California Prevailing Wage Law Requirements The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. ~c.~-~~~- I, \V\. 1)-r ~ ~o "') s ),;-~ ~V"'-/ \3o '1\0·--A -z....-. , understand that I shall be responsible for compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of records required by the provisions of Labor Code Section 1776 and with implementation of administrative regulations. 61147.02100\12888815.1 t\ "' ¥:--\\.o "i;~-'cv->-\--~"'--0 "'"'"-( Contractor name and ti e (print) c 'ontractor name (signature) MSApage26 .. Attachment 1, Page 26 of 26